This was a document that I developed for Utah State University on behalf of the DRC. There was some information that was written for the Americans with Disabilities Act that implemented changes in the act earlier this year. I was requested to write some of the text and organize what was applicable to USU. This docuement was for the faculty and staff of USU.

1. Americans with Disabilities Act
The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The
purpose of the Act is to:
· Provide clear and comprehensive national mandate to end discrimination against
individuals with disabilities.
· Provide enforceable standards addressing discrimination against individuals with
disabilities.
· Ensure that the federal government plays a central role in enforcing these standards on
behalf of individuals with disabilities.
An individual is considered to have a "disability" if s/he has a physical or mental
impairment that substantially limits one or more major life activities, has a record of such
impairment, or is regarded as having such impairment. Individuals discriminated against
because they have a known association or relationship with a with a disabled individual
also are protected.
The first part of the definition makes clear that the ADA applies to persons who have
impairments and that these must substantially limit major life activities such as seeing,
hearing, speaking, walking, breathing, performing manual tasks, learning, caring for
oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a
substantial hearing or visual impairment, mental retardation, or a specific learning
disability is covered, but an individual with a minor, non-chronic condition of short
duration, such as a sprain, broken limb, or the flu, generally would not be covered.
The second part of the definition protecting individuals with a record of a disability would
cover, for example, a person who has recovered from cancer or mental illness.
The third part of the definition protects individuals who are regarded as having a
substantially limiting impairment, even though they may not have such impairment. For
example, this provision would protect a qualified individual with a severe facial
disfigurement from being denied employment because an employer feared the "negative
reactions" of customers or co-workers.
For more information, go to the Department of Justice (DOJ) website:
http://www.usdoj.gov/crt/ada/q%26aeng02.htm
The ADA does not specifically name all of the impairments that are covered. This is the
same definition used in Sections 503 and 504 of the Rehabilitation Act and the Fair Housing
Amendments Act.

2. The ADA gives people with disabilities civil rights protection that is like that provided to
individuals on the basis of race, sex, national origin and religion. It guarantees equal
opportunity for individuals with disabilities in:
· employment
· public accommodations
· transportation
· state and local government services
· telecommunications
Title I: EMPLOYMENT
Employers with 15 or more employees are covered under the ADA.
Employers must reasonably accommodate the disabilities of qualified applicants or
employees, unless an undue hardship would result.
Employers may reject applicants or fire employees who pose a direct threat to the health or
safety of other individuals in the workplace.
Applicants and employees are not protected from personnel actions based on their current
illegal use of drugs. Drug testing is not affected.
Employers may not discriminate against a qualified applicant or employee because of the
known disability of an individual with whom the applicant or employee is known to have a
relationship or association.
Title II: STATE AND LOCAL GOVERNMENT OPERATIONS
State and local governments may not discriminate against qualified individuals with
disabilities. All government facilities, services, and communications must be accessible
consistent with the requirements of Section 504 of the Rehabilitation Act of 1973.
Title III: PUBLIC ACCOMMODATIONS
· Public accommodations such as restaurants, hotels, theaters, doctors' offices, pharmacies,
retail stores, museums, libraries, parks, private schools, and day care centers may not
discriminate on the basis of disabilities, effective January 26, 1992.
· Reasonable changes in policies, practices, and procedures must be made to avoid
discrimination.

3. · Auxiliary aids and services must be provided to individuals with vision or hearing
impairments or other individuals with disabilities so that they can have an equal
opportunity to participate or benefit, unless an undue burden would result.
· Physical barriers in existing facilities must be removed if removal is readily achievable (i.e.
easily accomplished and able to be carried out without much difficulty or expense.) If not,
alternative methods of providing the services must be offered, if those methods are readily
achievable.
· All new construction in public accommodations as well as in "commercial facilities" such
as office buildings must be accessible. If such facilities are located in multilevel buildings,
accessible elevators are generally required to serve all floors. Exemptions may be granted
under certain conditions outlined in ADA Access Design Standards and/or The Texas
Accessibility Standards.
· Alterations must be accessible. When alterations to primary function areas are made, an
accessible path of travel to the altered area (and the bathrooms, telephones, and drinking
fountains serving that area) must be provided to the extent that added accessibility costs
are not disproportionate to the overall cost of the alterations. Elevators are required as
described above.
· Entities such as hotels that also offer transportation generally must provide equivalent
transportation service to individuals with disabilities. New fixed- route vehicles ordered on
or after August 26, 1990, and capable of carrying more than 16 passengers, must be
accessible.
· Public accommodations may not discriminate against an individual or entity because of
the known disability of an individual with whom the individual or entity is known to have a
relationship or association.